SMITH v. CARDELLA TRUCKING CO., INC.

2011-10822, (Index No. 32997/07).

108 A.D.3d 613 (2013)

968 N.Y.S.2d 386

2013 NY Slip Op 5198

JAMES SMITH et al., Respondents, v. CARDELLA TRUCKING CO., INC., Appellant, and PIERPONT MORGAN LIBRARY, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 10, 2013.


In an action to recover damages for personal injuries, etc., the defendant Cardella Trucking Co., Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Graham, J.), dated September 20, 2011, as denied those branches of its cross motion which were for summary judgment dismissing the cause of action alleging common-law negligence insofar as asserted against it, and the defendant Pierpont Morgan Library's cross claim for common...

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